Labor Newsletter - January 2023
Criminal law penalties for employment law breaches
Federico Durán López
The recent reform introduced in Organic Law 14/2022 of December 22, 2022 could create legal uncertainty and displays technical defects in definition of infringing conduct.
The new models of sick leave reports and the Spanish Social Security Institute’s telematic communication mechanisms to companies are published
The provisions governing the management of medical reports for sick leave are adapted to the recent changes introduced in temporary incapacity processes and incorporate the new sick leave report models.
Publication of the new system on incentives for employment contracts
The law introduces the requirements and conditions on reductions in social security contributions and incentives for hiring, among other issues.
The new Artist's Statute includes novelties on retirement, unemployment and social protection
Royal Decree-Law 1/2023, of January 10, on the improvement of social protection for artists (popularly known as the Artist's Statute) has been published, which will affect professionals in the cultural field.
Social Security Institute (INSS) will send the sick leave reports directly to the companies
Royal Decree 1060/2022 introduces changes to the management and monitoring system for sick leave processes. Among them, it states that medicals’ reports on employees will now be sent directly to employers by the authorities remotely.
Changes in the areas of labor law and social security introduced by Royal Decree-Law 20/2022
The legislation introduces measures such as the extraordinary increase in retirement and incapacity pensions, the extension of the regulation of partial retirement with the simultaneous conclusion of a hand-over contract in effect prior to the entry into force of Law 27/2011, of August 1, 2011, or the extension of the validity of the National Minimum Wage for 2022, among other issues
These are the labor and employment changes introduced by the General State Budget Law for 2023
The Budget Law contains several labor and employment provisions, including the contribution bases and rates for 2023, the average revaluation of pensions, the legal rate of interest for money and the public multi-purpose income indicator (IPREM) for 2023, among other elements.
The Startups Law regulates international remote working for foreign digital nomads
The law defines international remote working for carrying out professional or labor activities and the relevant visa requirements and residency authorizations
On the radar
- Negotiations on increase to national minimum wage (SMI) continue
- Government approves bill transposing whistleblowing directive
- Ministry of Labor expects to send draft Interns’ Statute shortly to employee and employer representatives
- Preliminary bill for Families Law includes new types of leave
- Labor inspectors endorse use of computer tools in their functions
- Use of logo on vehicle or use of computer tools to determine deliveries are not sufficient elements for illegal loan of employees to exist
- Court of Justice of the European Union declares that a worker is entitled not to meet the financial cost of using corrective lenses if needed for work
- A la carte working hours do not automatically mean right to work from home
- Worker’s dismissal after insulting clients in video published on social media held justified
- Waiting periods are not considered actual working time
- Indefinite strike lasting longer than 5 years held abusive and fraudulent
- Time spent removing personal protective equipment is not actual working time
2023: The most significant legal developments that companies should keep on their radar
Garrigues analyzes from every business law angle the most significant legislative changes that are due to arrive next year.
Labor law and outsourcing: increased restrictions on this means of hiring personnel in Latin America
Regulations governing outsourcing in several Latin American countries are hindering the use of this strategic option for companies in certain areas of business.
Garrigues Sustainable - Labor and Employment
Directive on corporate sustainability reporting is published
Publication of directive on improving gender balance on company boards
The Council of the European Union publishes its Decision on guidelines for the employment policies of the Member States
Integration of people with disabilities into the job market advancing at a sluggish pace
LABOR AND EMPLOYMENT BLOG
Spain – One year on from the employment contract reform: what has changed?
Performance appraisal systems have labor as well as data protection implications
The “only yes is yes” law also introduces employment changes
Beware: improper behavior at the company Christmas dinner can constitute grounds for dismissal
International Day of Persons with Disabilities to highlight the role of innovation in advancing an accessible and equitable world
Can companies combat the effects of inflation with a labor-related measure?
Dismissal a la carte, or return to uncertainty
Article by Bernardo Pérez-Navas, partner in Garrigues Labor and Employment Department (Cinco Días newspaper).
Protocol in cases of emotional abuse in the workplace and sexual harassment
Article by Javier Navarro and Julián Lozano, partner and principal associate in the Garrigues Labor and Employment Department in Murcia (La Verdad de Murcia newspaper).
Debunking the dismissal ban myth
Article by Misi Borrás, partner in the Garrigues Labor and Employment Department in Barcelona (Diari de Tarragona newspaper).